Delhi High Court - Orders
Amazon Seller Services Private Limited ... vs Amazonbuys.In & Ors on 24 July, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~18
* IN THEHIGH COURTOF DELHIAT NEW DELHI
+ CS(COMM) 364/2022 & I.A. 15093/2025
AMAZON SELLER SERVICES PRIVATE LIMITED & ANR.
.....Plaintiffs
Through: Mr. Vivek Ayyagari, Advocate
versus
AMAZONBUYS.IN & ORS. .....Defendants
Through: Mr. Sharique Hussain, Adv. for D-5
Mr. Mrinal Ojha, Mr. Debarshi Dutta,
Mr. Arjun Mookerjee, Mr. Nikhil
Gupta, Mr. Yogesh Singh, Ms. Nikita
Rathi, Advocates for D-8.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 24.07.2025 I.A. No. 15093/2025(application on behalf of the plaintiffs under Order I Rule 10 CPC for impleadment of proposed defendant nos. 22 and 23)
1. The present application is filed by the Plaintiffs under Order I Rule 10 CPC for impleadment of the proposed Defendant nos. 22 and 23.
2. Learned counsel for the Plaintiffs states that Plaintiffs seeks an extension of the ad-interim injunction, granted vide order dated 26.05.2022, to the proposed Defendant nos. 22 and 23.
2.1 He states that similar application for impleadment of Defendant no. 21 was also allowed by this Court vide order dated 02.06.2022. 2.2 He states that facts and circumstances, in which order dated 26.05.2022 and 02.06.2022 were passed, apply identically to these proposed Defendant CS(COMM) 364/2022 Page 1 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:34:09 nos. 22 and 23.
2.3 He states that directions are also sought against Defendant no. 8, Defendant nos. 9 to 17 and Defendant nos. 18 and 19 as set out in the prayer clauses b, c and d.
3. Issue notice.
4. Learned counsels for Defendant no. 5 and Defendant no. 8 accepts notice.
5. Learned counsel for Defendant no. 8 states that Defendant no. 8 has no objection to the directions sought in the application. She, however, pleads that the directions should be for locking and suspending the domain name.
6. This Court has heard the learned counsel for the parties and has perused the application.
7. The relevant paragraphs of order dated 26.05.2022 relied upon by the plaintiff reads as under: -
"......
50. Defendants No. l to 3, their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, are also restrained from using identical and/or similar logos as that of the Plaintiffs' copyright protected artwork for the Plaintiffs' AMAZON logos, thereby infringing the Plaintiffs' copyright in its artistic works and the content as captured on the Plaintiffs' Website, till the next date of hearing.
51. Defendants Nos. l to 3, their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from, in any manner are also restrained from using directly or indirectly the Plaintiffs' Marks or any other mark identical/deceptively similar to the Plaintiffs' Marks, amounting to dilution or tarnishment, of the Plaintiffs' CS(COMM) 364/2022 Page 2 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:34:09 trademarks, till the next date of hearing.
52. Defendant No.4, is directed to suspend the fake accounts of Rogue Defendants (Facebook page available at https://www.facebook.com/Amazon-franchise-l 02180815731934/?ref=page internal and Instagram page of Defendant No.2 available at httDs://l.facebook.com/l.DhD?u=https%3A%2F%2Fwww.instag ram.com%2F pankai0bisen%3Ffbclid%3DIwAR2B7kg0UCXfCfv 1 iE qlwpl lovdxs5o9fp 8FRrAZZ2UL 1 UA8G9FEizZvKg&h=AT 1 taTJrEl 14iUuvsMa011Juqo41 Pqg ilHRN9fiR4SF0NJBMF Hgfl PkPzBvRZ3nO012aJkE8h8wvADwvwWaQv vNLltflrkv4BfVTw06DsB2-cxpCEtCbl-RFbFXevxoru55qQ) and provide IP addresses/other details of the users of the fake profiles/accounts/pages of the said Defendants' platform, as identified by the Plaintiffs now and/or at any subsequent time.
53. Defendants No.5 and 6, their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under them are directed to freeze the bank accounts with Account Nos. 50100452149604 and 75662010010628 and provide the statement of accounts pertaining to the said account numbers as well as furnish on affidavit, the identity of the bank account holder and KYC details.
54. Defendant No. 7, its owners, partners, proprietors, officers, managers, servants, employees, and all others in capacity of principal or agent acting for and on its behalf, or anyone claiming through, by or under them are directed to furnish on Affidavit, the KYC details of the beneficiary of the PayTM account holder in respect of transactions bearing reference numbers "203930943561", "203314433268", "203221153244" and "203227090489", conducted using the said PayTM account.
55. Defendant No. 8, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and, on their behalf, or anyone claiming through, by or under it are directed to disclose details of the Registrant of Defendant No. l's and Defendant No. 3's website https://amazonbuvs.in. and https://estoreamazon.in, and block access to the said websites.CS(COMM) 364/2022 Page 3 of 6
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:34:09
56. Defendants No. 9, 10, 12, 15 and 17, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and, on their behalf, or anyone claiming through, by or under it are directed to disclose details of Defendants No. 1 to 3's phone numbers, details of which have been furnished in a tabular form in paragraph 67 of the Plaint.
57. Defendants No. 9-17, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and, on their behalf, or anyone claiming through, by or under it are directed to block access to the website identified as websites of the Rogue Defendants in the plaint.
58. Defendants No. 18 (DoT) and 19 (MEITY) are directed to issue notifications calling upon the various internet and telecom service providers registered under it to block access to the various websites/Rogue Defendants identified by the Plaintiffs in the plaint."
8. The relevant portion of the order dated 02.06.2022 relied upon by the Plaintiff reads as under: -
".....
9. Accordingly, ex-parte ad interim injunction granted qua Defendant Nos. 1 to 3 in terms of prayers (a) to (d) of the Plaintiffs interim injunction application being I.A. No. 8518 of 2022, stands extended qua Defendant No. 21 and Defendant No. 21 is restrained in terms thereof.
10. It is further directed that Defendant No. 8 shall block access to the domain name 'storeamazon.co.in' and disclose the registrant details in respect thereof as may be available with it. Defendants No. 9 to 17 are also directed to block access to Defendant No. 21 website 'storeamazon.co.in'. Defendants No. 18 and 19 shall issue a notification calling upon various internet and telecom service providers registered under them to block access to Defendant No. 21 website 'storeamazon.co.in'.
11. The present application is disposed of in the above terms."
CS(COMM) 364/2022 Page 4 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:34:09
9. In view of the averments made in the application, and perusal of the orders of 26.05.2022 and 02.06.2022, this Court is satisfied that Defendant nos. 22 and 23 are necessary parties, accordingly the application is allowed and the proposed Defendant nos. 22 and 23 are hereby impleaded.
10. Amended memo of parties filed with the application is taken on record.
11. By way of present application, Plaintiffs also seeks an ex-parte ad-interim injunction qua Defendant nos. 22 and 23. Having heard the learned counsel for the Plaintiffs, this Court is of the view that Plaintiffs have made out a prima facie case and balance of convenience also lies in their favour and Plaintiffs may suffer irreparable harm if the injunction is not granted.
12. Accordingly, ex-parte ad interim, granted qua Defendant nos. 1 to 3 in terms of prayer clauses a to d of I.A. 8518/2022 vide order dated 26.05.2022, stands extended qua Defendant nos. 22 and 23. Defendant nos. 22 and 23 are restrained in terms thereof.
13. It is further directed that Defendant no. 8 shall lock and suspend the access to the domain names of Defendant nos. 22 and 23 and disclose the details in respect thereof as may be available.
14. Defendant nos. 9 to 17 are also directed to block access to Defendant nos. 22 and 23's website.
15. Defendant nos. 18 and 19 are directed to issue a notification calling upon the internet telecom service provider registered under them to block access to defendant nos. 22 and 23's website.
16. With the aforesaid directions, application stands disposed of. CS(COMM) 364/2022
17. Upon steps being taken by the Plaintiff, issue summons to newly impleaded Defendant nos. 22 and 23 through all modes.
CS(COMM) 364/2022 Page 5 of 6This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:34:09
18. List before the learned Joint Registrar (J) on 27.08.2025 for completion of service and pleadings.
MANMEET PRITAM SINGH ARORA, J JULY 24, 2025/mt/AM CS(COMM) 364/2022 Page 6 of 6 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2025 at 22:34:09